Rule 1017-1

Dismissal of Case

(a) Notice of Proposed Dismissal.  Notice of the proposed dismissal of a case for failure to file in a timely manner the schedules, statements or chapter 11, 12 or 13 plan shall be given in the notice of meeting of creditors to all creditors and other interested parties.

(b) Dismissal Without Further Notice.  Failure of the debtor to file in a timely manner the documents required by the Rules or the Local Rules or to appear at the meeting of creditors shall be cause for dismissal of the bankruptcy case without further notice.

(c) Reinstatement.  A case dismissed for failure of the debtor to timely file a required document or for failure to appear at the meeting of creditors may be reinstated on motion of the debtor pursuant to Bankruptcy Rule 9024, provided that all required documents are filed, or on motion of another party.  The clerk shall not close a dismissed case until 60 days after the date of dismissal.

(d) Dismissal with Prejudice.

1.  Unless otherwise stated in the dismissal order, an order dismissing a bankruptcy case that provides that the dismissal is with prejudice means that the debtor is prohibited from filing another bankruptcy petition for 180 days from the date that the dismissal order is entered upon the docket.

2.  If the debtor attempts to file a subsequent bankruptcy petition within the 180 day period, the clerk is directed to accept the petition for filing, to assign the new case to the judge that entered the dismissal order, and to immediately generate and present to the court an appropriate Order to Show Cause as to why the new case should not be dismissed based on the court’s prior order.  The Order to Show Cause will then be set and treated as an expedited matter.

3.  Nothing in this rule prevents the clerk from obeying a specific order entered by a judge of this court.  Nor does this rule prohibit a judge from entering such further orders or injunctions as are necessary to prevent an abuse of the bankruptcy process or to prohibit frivolous pleadings and filings, based on the facts of that particular case.

 (e) Order for Dismissal.

1.  Notwithstanding Code § 521(i)(1), no case shall be deemed dismissed except upon entry of an order of dismissal.

2.  If a party moves for dismissal pursuant to Code § 521(i)(2) and if such motion specifically requests dismissal within seven days, the Court may dismiss the case without further notice or hearing if the docket is missing one or more of the six items identified in Code § 521(a)(1)(A) and (a)(1)(B)(i) through (v).  If the docket contains a filing denominated as such but which the moving party contends fails to include all the contents required by Code § 521(a)(1) or required by the Bankruptcy Rules, Local Rules or Official Forms, the motion shall identify the alleged deficiency.  The movant shall serve the motion on the debtor and the trustee along with a notice requiring a response to be filed within 14 days of service.  If no such response is timely filed, the Court may dismiss the case without further notice or hearing.  If a response is timely filed, the Court will either rule on it or set it for hearing.

Committee Notes 2009: Time deadlines have been amended to be consistent with amendments to the Federal Rules of Bankruptcy Procedure, effective December 1, 2009.

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